New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Gradual process vs event
  • 12 Sept 2014

    Watts v Accident Compensation Corporation

    Citation
    [2014] NZACC 209
    Court
    District Court

    On the evidence the appellant failed to prove on the balance of probabilities that the T8 fracture was caused by an identifiable accident or series of events rather than a gradual process, and although medical opinion supported traumatic causation by external force the evidence showed the appellant exceeded physiotherapist instructions and was not under professional direction so s20(2)(b) consequential treatment cover did not apply; therefore ACC's decline of cover stands and the appeal is dismissed.